2nd mortgage forcing foreclosure discharged in bankruptcy!!

Posted by Virginia on August 04, 2006 at 19:04:53:

I filed bankruptcy in 2001, I had a 2nd mortgage on my schedule F in the amount of $44000, which my attorney listed as unsecure debt. 5 years later the mortage company UM who took over the debt has come forward with charging me $80000, and if I don't pay they are foreclosing on my property. They came out of no where 5 years later. The attorney who handled my bankruptcy is aware of the situation, in fact in April 2006 I received an attorney's letter from the 1st attorney which I sent to my attorney and he claimed they backed off. In Jul 2006 I received a notice of foreclosure from a more reputable law firm locally. I am completely disputing the amount they are trying to get from me and am concerned that my bankruptcy was not filed properly. The attorney stated at the time of the bankruptcy that I may have to pay the amount of $44K if I sold or refinanced my home, now I am being forced to do one or the other. My attorney stated to me that if I had the bankruptcy case reopened that it would not stop the foreclosure and it would be costly. I feel he has been negligent in the entire case thus far. Also, I don't know if my house is worth dumping this kind of money into. I tried to sell it last year and not one person looked at it (it is not in an ideal neighborhood), I am concerned I will dump money into it only to be stuck with a house I cannot sell. Also, if I refinance I will be getting a high interest rate because of the bankruptcy 5 years ago. They want $25000 to stop the foreclosure and then have me refinance as much as I can, all this is, is a creative way to get all their money. In the last 2 years I have hustled in a sales job and have done well financially, they have done numerous inquiries on my credit over the last 2 years. I feel violated, I feel my attorney did not handle my bankruptcy properly, and I feel I should walk away from this house and let them have it. Based on these facts, does anyone have any advice? How hard would it be to purchase a home if I foreclose, and would I have a strong enough case to have it removed from my credit report? Right now my fico score is in the mid 600s. Please reply asap I only have 10 days.

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Re: 2nd mortgage forcing foreclosure discharged in bankruptc - Nick(Colorado) 17:16:22 08/08/06 (0)

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: I filed bankruptcy in 2001, I had a 2nd mortgage on my schedule F in the amount of $44000, which my attorney listed as unsecure debt. 5 years later the mortage company UM who took over the debt has come forward with charging me $80000, and if I don't pay they are foreclosing on my property. They came out of no where 5 years later. The attorney who handled my bankruptcy is aware of the situation, in fact in April 2006 I received an attorney's letter from the 1st attorney which I sent to my attorney and he claimed they backed off. In Jul 2006 I received a notice of foreclosure from a more reputable law firm locally. I am completely disputing the amount they are trying to get from me and am concerned that my bankruptcy was not filed properly. The attorney stated at the time of the bankruptcy that I may have to pay the amount of $44K if I sold or refinanced my home, now I am being forced to do one or the other. My attorney stated to me that if I had the bankruptcy case reopened that it would not stop the foreclosure and it would be costly. I feel he has been negligent in the entire case thus far. Also, I don't know if my house is worth dumping this kind of money into. I tried to sell it last year and not one person looked at it (it is not in an ideal neighborhood), I am concerned I will dump money into it only to be stuck with a house I cannot sell. Also, if I refinance I will be getting a high interest rate because of the bankruptcy 5 years ago. They want $25000 to stop the foreclosure and then have me refinance as much as I can, all this is, is a creative way to get all their money. In the last 2 years I have hustled in a sales job and have done well financially, they have done numerous inquiries on my credit over the last 2 years. I feel violated, I feel my attorney did not handle my bankruptcy properly, and I feel I should walk away from this house and let them have it. Based on these facts, does anyone have any advice? How hard would it be to purchase a home if I foreclose, and would I have a strong enough case to have it removed from my credit report? Right now my fico score is in the mid 600s. Please reply asap I only have 10 days.

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